Just when it seemed like net neutrality stakeholders had reached a cautious consensus on Thursday's proposed Federal Communications Commission rules, our favorite maverick stepped in with an idea of his own.

Sen. John McCain, an Arizona Republican, introduced a bill Thursday that would prohibit the FCC from enacting rules that would regulate the Internet. The FCC "shall not propose, promulgate, or issue any regulations regarding the Internet or IP-enabled services," according to the bill text.

Exceptions are made for national security, public safety, to assist with actions taken by a federal or state law enforcement agency, or to ensure the solvency of the universal service fund.

The bill will "allow for continued innovation that will in turn create more high-paying jobs for the millions of Americans who are out of work or seeking new employment," McCain said in a statement. "Keeping businesses free from oppressive regulations is the best stimulus for the current economy."

McCain's bill also includes a provision that says it would not pre-empt "any regulations regarding Internet or IP-enabled services that were in effect on the day before the date of the enactment of this Act." It was not clear if that meant FCC rules or only bills passed by Congress. For example, if the FCC passed its rules before Congress passed the McCain bill, would this bill not apply to the FCC rules? A McCain spokeswoman did not immediately respond to a request for comment.

McCain's bill comes hours after FCC Chairman Julius Genachowski officially unveiled net neutrality rules. The draft proposal would permit broadband Internet access service providers to engage in reasonable network management, provided they don't discriminate based on content or application, block customers from using competing services, and are transparent about how they manage their networks. The rules would also apply to wireless Internet access.

The issue is now open for a public comment period. Stakeholders have until January 14, 2010 to file the first round of comments and until March 5, 2010 to file reply comments.

While McCain said that the rules will stifle innovation, Genachowski argued that they are necessary to preserve the open nature of the Web.

"A core goal of the FCC's efforts is to preserve and promote this virtuous cycle driven by a free and open Internet," Genachowski said in his prepared remarks. "That's how we'll ensure that the Internet becomes an enduring engine for opportunity and prosperity for all Americans."

"The heart of the problem is that, taken together, we face the dangerous combination of an uncertain legal framework with ongoing as well as emerging challenges to a free and open Internet," Genachowski said.

The FCC had no comment on McCain's bill.

Earlier today, providers like AT&T, Verizon Wireless, and Sprint reached a cautious consensus for the commission's rules, and AT&T said that some of its concerns had been "allayed," though there was still some concern about whether such rules were necessary. The cable industry, including Comcast, has similar thoughts on the issue.

Last month, when Genachowski first announced plans for net neutrality rules, Sen. Kay Bailey Hutchison, a Texas Republican, added an amendment to an Interior Appropriations bill that would ban the FCC from spending money to craft and implement regulatory changes. She reportedly backed off those plans, however, after Genachowski reached out, according to the Washington Post.

Earlier this week, Rep. Rick Boucher, a Virginia Democrat, told Reuters that he supports the FCC's net neutrality rules and was considering legislative action if the industry challenges it in court.

Rep. Edward Markey, a Massachusetts Democrat, introduced a bill in July that would require the FCC to keep a watchful eye on ISPs. The Internet Freedom Preservation Act would ban ISPs from blocking, interfering with, or discriminating against lawful applications and devices on the Internet. Those ISPs would also be banned from offering prioritized Internet access or requiring customers to sign up for service other than Internet access.

Markey said Thursday that the FCC's rules were an "excellent complement" to his legislation. "The Internet enables innovation without permission, and we need to ensure that special interests cannot erect toll booths on the information superhighway that impede the innovation that has helped power our economy and create jobs."

Sens. Byron Dorgan, a North Dakota Democrat, and Olympia Snowe, a Maine Republican, introduced net neutrality legislation in the last session of Congress. They said Thursday that they will monitor the FCC rulemaking process, and are open to introducing legislation to ensure network neutrality safeguards, if necessary.

"We commend the FCC for beginning the process to examine the issue today, as these fundamental protections are critical to ensuring Internet freedom and openness," they said in a joint statement. "We encourage all stakeholders and the public to participate in this rulemaking so that the Commission will have the necessary information to develop sound policy."

About the Author

Chloe Albanesius has been with PCMag.com since April 2007, most recently as Executive Editor for News and Features. Prior to that, she worked for a year covering financial IT on Wall Street for Incisive Media. From 2002 to 2005, Chloe covered technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships a... See Full Bio

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